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218A.1439 Trafficking in or transferring a dietary supplement -- Exceptions -Penalties.
(1)
(2)
(3)
A person is guilty of trafficking in or transferring a dietary supplement when he or
she traffics in or transfers any dietary supplement product containing ephedrine
group alkaloids, except as provided in this section.
The prohibition in subsection (1) of this section shall not apply to:
(a) A practitioner or pharmacist licensed in this Commonwealth who is practicing
within his or her scope of practice and who prescribes or dispenses, or both,
dietary supplement products containing ephedrine alkaloids in the course of
the treatment of a patient under the direct care of the prescribing practitioner,
except that a licensed practitioner or registered pharmacist shall not prescribe
or dispense dietary supplement products containing ephedrine group alkaloids
for purposes of weight loss, body building, or athletic performance
enhancement;
(b) Dietary supplement products containing ephedrine group alkaloids that are
sold or distributed directly to a licensed practitioner or registered pharmacist,
when the dietary supplement products containing ephedrine group alkaloids
are used solely for the purpose of the treatment of patients under the direct
care of the practitioner;
(c) Dietary supplement products containing ephedrine group alkaloids that are
sold or distributed directly to a licensed practitioner or registered pharmacist
for resale to a patient for whom the products have been prescribed under
paragraph (a) of this subsection; or
(d) Dietary supplement products containing ephedrine group alkaloids that are not
for resale in this Commonwealth and that are sold or distributed directly to
businesses not located in this Commonwealth.
Trafficking in or transferring a dietary supplement is:
(a) For the first offense, a Class A misdemeanor; and
(b) For a second or subsequent offense, a Class D felony.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 150, sec. 1, effective June 20, 2005.
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